Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023

Section 69 of the Bharatiya Nyaya Sanhita (BNS) deals with sexual intercourse based on deceitful promises, particularly concerning marriage or employment

The Bharatiya Nyaya Sanhita (BNS) replacing the antique Indian Penal Code, there has been a whopping transformation in the legal framework of the country. One of its most notable provisions Section 69 concerns issues arising out of sexual relations based on dishonest promises, especially of marriage or employment. This new statute also provides that heavy penalties such as imprisonment for ten years and fines are imposed on those who engage in sexual relations under a false pretence.

Explanation.— “deceitful means” shall include inducement for or false promise of employment or promotion or marrying by suppressing identity.

What is Section 69?

In the present times, Sexual relations achieved through deceit have become a crime in BNS Section 69. This includes the false promise of marriage, employment and promotion, as well as concealment of one’s identity. The violators face fines and up to 10 years imprisonment.

What does Section 69 of the law say?

Bharata Nyay Sanhita (BNS) Section 69 discusses “Sexual intercourse by employing deceitful means, etc.”

The clause states the following: “ Whoever, by deceitful means or by making a promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.”

In the opinion of the Ministry of Law and Justice, which is not surprising, it is regarded as “deceitful means” for job application or self-promotion or marriage if a candidate misrepresents his or her identity.

The Law on the Prohibition of Sexual Abuse and Violence in the Criminal Code forbids even engaging in sexual relations with a person though pretending to be married to that person or employed in that person’s company. Pursuant to Section 69 of the above Law, anyone making false promises of marriage and engaging in sexual acts is liable to imprisonment of up to 10 years.

Historically, matters of this nature were adjudicated under Section 90 of the IPC which provided that in circumstances of a “misconception of fact,” consensual sexual acts would not exist. This may lead to lacunae in law within the provision governing the definition of rape as carved under section 375 of the IPC.

Sexual offences against women and children in BNS

It is on July 1, that the Criminal Procedure Code (CrPC), the Evidence Act and the Bharatiya Nagarik Suraksha Sanhita (BNSS) got replaced by the Bharatiya Sakshya Adhiniyam (BSA).

As per the files, the issue of sexual crimes is presented in a new volume of the BNS entitled “Crimes Committed Against Women and Children,” which is dedicated to those crimes. Previously these crimes were included in the IPC under the chapter labeled “Offense to the Human Body.”

In addition, the BNS proposes alterations to the provisions regarding rape crimes targeting victims below the age of eighteen. It revises the list of existing statutes on rape and addresses the issue of legal regime for gang rape of minors within the ambit of the Protection of Children from Sexual Offenses Act.

Further, based on IPC and POCSO, an age-wise classification of victims of rape has been introduced by the BNS differentiating children under the age group of 18, 16 and 12 years. For these cases, it proposes other options for punishment.

Description indicates that the range of punishment for rape of children of different ages is more or less the same in the IPC, POCSO and BNS.

Key Provisions of Section 69

Offense Definition

The section criminalises sexual intercourse with a woman under the following 

Circumstances

• By deceitful means.
• By making a promise to marry without any intention of fulfilling the promise.

Punishment

• The punishment for committing this offence is imprisonment of either description for a term that may extend to ten years.
• Additionally, the offender is liable to a fine.

Deceitful Means

Using any deceitful methods to sexually manipulate someone for example arguing or making false assertions around marriage, job acquisition or promotion. 

False Promises 

There are cases when a person promise marriage or offers misleading favours but with no actual intent of carrying out the promise. 

Imprisonment and Fine

Along with a financial penalty, imprisonment is also an option for the offender for a period not exceeding ten years.

Punishment

In order to discourage people from engaging in such immoral behavior, the provision carries severe penalties. Because of the gravity of the offense in question, a maximum term of imprisonment may be imposed that does not exceed ten years. The prospect of a financial sanction complements the restrictive measures by ensuring that the offenders lose not only liberty but wealth as well.

Inducement for Employment or Promotion

We must refrain from soliciting sexual favors from anyone by extending the offer of a job, promotion, or any such equivalent. This concerns specific forms of sexual harassment associated with the abuse of power in the workplace.

False Promise of Employment or Promotion

Deceptive methods involves making promises of job or promotion so that a woman can be bedded. This clause intends to protect women from such exploitation under an imaginary job offer.

Suppressing Identity

It is viewed as unfair to marry a woman in a case where one’s preferences are hidden for instance by presenting a different marital status, religion or other pertinent facts. This ensures that women will not fall victims of marriage scams by being made to assume phoney personas.

Legal Definitions and Implications

Deceitful Means

As defined by the Ministry of Law and Justice, the definition of misleading tactics includes false promises of marriage, employment or promotion and concealing one’s identity.

Not Amounting to Rape 

Under Sub-sections of Section 69 Lastly, while engaging in sexual relations through dishonest means is objectionable even in the absence of elements of rape.

Protection of Women

Subsection 69 greatly improves the legal framework that shields women from exploitation through the use of lies and empty commitments. It aims at ensuring access to justice but at the same time acknowledges the emotional and psychological cost that such deceit incurs.

Deterrence

The introduction of harsh penalties here serves to significantly dissuade people from engaging in such criminal activities. Penalties consisting of imprisonment for a term of ten years and monetary penalties are intended to prevent the society from engaging in any fraudulent practices.

Recognition of Non-Rape Sexual Exploitation

The provision attempts to widen the scope of sexual exploitation by including deception towards one’s partner for sexual acts that do not amount to rape. It is important to note that Sexual abuse can be understood beyond the concept of rape alone, as it can take many other forms.

Historical Context

Previous IPC Provisions 

Where consent has been obtained by deceit, such consent is treated as null and void in terms of Section 90 of the Indian Penal Code. Similar trends can be noticed in the incidents that storied around the charge of rape as defined in the Section 375 of the IPC.

Misconception of Fact

Section 90 of the IPC states that consent is not deemed to be given when it is induced by misconception of facts or apprehension of danger assuming the person giving it knows or ought to know that such consent was given under these circumstances.

Sexual Offences Against Women and Children

New Chapter 

Previously, there was no specific chapter aimed at discussing crimes against women and children under portions of the IPC dealing with ‘Offences Affecting the Human Body’ but the BNS contains a new part explicitly focusing on crimes against women and children.

Provisions for Minors

The BNS calls for proposals to be altered with respect to the clauses related to the rape of female persons below the age of eighteen. It has provisions that classify victims of the crime of rape which deals with minors who fall under certain age brackets as defined under the Protection of Children from Sexual Offences Act POCSO 18 16 and 12.

Sentencing Options

For the cases of juveniles, the BNS proposes different ways of punishment in line with the POCSO and IPC.

Implications of Section 69

Legal Clarity 

In order to provide greater security for the victims, Section 69 defines specific should have and the offences that would occur in case of breach of these activities in question, which relates to sexual intercourse.

Enhanced Protection 

The younger victims are offered better protection with the implementation of special provisions concerning children along with age discrimination policies.

Case Laws

Bhupesh Thakur Vs State of Himachal Pradesh (2024) – Cr.MP(M) No.1798 of 2024

In this case, a person named Bhupesh Thakur was taken to court because he promised to marry a transgender woman but later changed his mind. The Himachal Pradesh High Court had to decide if Section 69 of the Bharatiya Nyaya Sanhita (BNS), a law that punishes people who lie about marriage to get someone into a relationship, could be used by a transgender person.

The court said that this law only applies to “women,” and since the person who filed the complaint is a transgender woman, she couldn’t use Section 69. The court explained that transgender people have their own identity and should be protected by a different law called the Transgender Persons (Protection of Rights) Act, 2019.

The judge also pointed out that the relationship happened before the transgender woman had surgery to change her gender. Because of this, the court allowed Bhupesh Thakur to stay out of jail while the case continues.

Latest Updates

A Public Interest Litigation (PIL) has been filed in Kerala’s High Court about Section 69 of Bharatiya Nyaya Sanhita (BNS). This law says that if someone tricks a woman into having a relationship by lying about getting married, they can be punished. 

The lawyer argues that this law is unfair because it only talks about men tricking women, which makes it seem like women can’t make decisions for themselves. The lawyer also says that the law doesn’t help people from the LGBTQ community and that it’s not clear what the word “identity” really means in the law.

This case is titled as Vimal Vijay v. Union of India and Another (WP(C) No: 31598/ 2024). The lawyer believes that having relationships outside of marriage should not be considered a crime, as live-in relationships are already allowed in other parts of the law. The lawyer says this part of the law is old-fashioned and needs to change so that everyone is treated fairly.

Conclusion

The Bharatiya Nyaya Sanhita, through its added provisions under Section 69, also endeavours to buttress the legal frame for women’s rights protection and justice by providing for more severe punishment for dishonestly inducing a woman to have sexual intercourse.

Frequently Asked Questions on Section 69 of BNS

Q1. What is Section 69 of the Bharatiya Nyaya Sanhita (BNS)?

Ans1. Section 69 of the Bharatiya Nyaya Sanhita (BNS) addresses sexual intercourse achieved through deceitful means, such as false promises of marriage or employment. It imposes imprisonment of up to 10 years and fines for those engaging in such acts.

Q2. What constitutes “deceitful means” under Section 69 of the BNS?

Ans2. Under Section 69, “deceitful means” include false promises of marriage, employment or promotion and concealing one’s identity for sexual purposes.

Q3. What is the punishment for violating Section 69 of the Bharatiya Nyaya Sanhita?

Ans3. Violating Section 69 can lead to imprisonment of up to 10 years and monetary fines, depending on the severity of the offense.

Q4. How does Section 69 of the BNS protect women?

Ans4. Section 69 protects women by criminalising sexual relations based on false promises of marriage or employment, thus preventing exploitation and deceit.

Q5. What was the legal context before the introduction of Section 69 in the BNS?

Ans5. Before Section 69, such cases were dealt with under Section 90 of the Indian Penal Code (IPC), which covered “misconception of fact,” making the consent invalid if obtained through deception.

Q6. How does Section 69 differ from rape laws in the BNS?

Ans6. Section 69 criminalises deceitful sexual intercourse without it being classified as rape, while rape laws like Section 375 of the IPC deal with forced or non-consensual sexual acts.

Q7. Does Section 69 apply to employment-related sexual exploitation?

Ans7. Yes, Section 69 covers sexual exploitation based on false promises of employment or promotions, addressing workplace-related harassment and abuse of power.

Q8. What is the difference between Section 69 of the BNS and POCSO laws?

Ans8. While Section 69 focuses on deceitful sexual relations, the Protection of Children from Sexual Offenses (POCSO) Act specifically addresses sexual crimes against minors and introduces age-based classifications for victims.

Q9. How does the Bharatiya Nyaya Sanhita enhance protection for minors?

Ans9. The BNS enhances protection for minors by including provisions that classify victims of rape into age brackets (under 18, 16 and 12 years) and proposing stricter punishments in line with the POCSO Act.

Q10. What are the key objectives of Section 69 in the BNS?

Ans10. Section 69 aims to deter sexual exploitation through deceit, protect women from false promises of marriage or employment and ensure justice with severe punishments like imprisonment and fines.

Q11.What was the old IPC code for Section 69 of BNS 2023?

Ans11. Sexual intercourse achieved through deception especially married or employment deception has been addressed by subsections of Section 375 IPC.